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HomeMy WebLinkAbout2007-83 - Modification Approval for 1132 Ebbtide RoadRESOLUTION NO. 2007- 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH MODIFYING THE PLANNING COMMISSION'S APPROVAL OF MODIFICATION NO. 2007 -050 FOR PROPERTY LOCATED AT 1132 EBBTIDE ROAD (PA 2007 -111) WHEREAS, an application was filed by Mr. and Mrs. Paul Fruchbom with respect to property located at 1132 Ebbtide Road, and legally described as Lot 77 of Tract 2202, requesting approval of a modification permit to exceed the 3 -foot height limit for fences, hedges and accessory structures within the 86 -foot front yard setback with the retention of the following elements: 1) hedges; 2) a portion of an entry gate; 3) a pilaster; and 4) a sculpture. The request also included the addition of a new 11- foot -high sculpture within the front setback and the retention of an existing 9.5- foot -high vehicle access gate located in the 6400t side yard setback; and WHEREAS, at a noticed public hearing held on August 20, 2007, the Zoning Administrator considered the application, plans and evidence, both written and oral, and approved Modification Permit No. 2007 -050 with conditions restricting the height of the hedges; and WHEREAS, on August 27, 2007, Planning Commissioner Michael Toerge initiated an appeal of the Zoning Administrator's approval of Modification Permit No. 2007 -050 on the grounds that the proposed modification fails to meet all three of the required findings necessary to approve the request; and WHEREAS, at a noticed public hearing held on October 18, 2007 on the appeal of the Zoning Administrator's decision to approve Modification Permit No. 2007 -050, the Planning Commission considered the application, plans and evidence, both written and oral, and approved Modification Permit No. 2007 -050 with the exception of the requested sculptures; and WHEREAS, the Planning Commission determined that approval of a modification for specific works of art is inappropriate; therefore, the Zoning Administrator's approval of Modification Permit No. 2007 -050 was modified to eliminate the sculptures from the approval; and WHEREAS, pursuant to Section 20.95.060 C, a public hearing on an appeal is conducted "de novo ", meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the appeal was filed. The appellate body is not bound by the decision being appealed or limited to the issues raised on appeal; and WHEREAS, a public hearing on the appeal of the Planning Commission's decision to modify the Zoning Administrator's approval of Modification Permit No. 2007 - 050 was held on December 11, 2007 in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application, plans, a staff report and evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, the property is designated Single -Unit Residential Detached by the General Plan Land Use Element and Local Coastal Program Land Use Plan and zoned R- 1-B (Single - Family Residential). The existing residential structure is consistent with these designations. The existing hedges, portion of entry gate, pilaster, existing and proposed sculptures, and existing vehicle gate are accessory to the primary use; and WHEREAS, since the date of the Planning Commission hearing, staff has considered issues related to the approval of the sculptures and has determined that the City Council can take action only on the existing 10- foot -high sculpture (Sculpture 1), but not the proposed 11 -foot -high sculpture (Sculpture 2). Since the existing sculpture is in place, a condition of approval can be imposed limiting the approval to the specific sculpture that exists today; if any changes, replacement, or relocation of the sculpture takes place in the future, the approval of that sculpture to encroach into the front yard setback shall become null and void. Given that the proposed sculpture is a unique work of art and is not yet in place, it would be inappropriate to approve the applicant's request, which may prove difficult to regulate in the future. Therefore, the modification for Sculpture 2 will not be considered at this time; and WHEREAS, Section 20.93.030 (Modification Permits) of the Newport Beach Municipal Code requires findings and facts in support of such findings for approval of a modification permit for the retention of the existing hedges, entry gate, pilaster, and sculpture located within the 86 -foot front yard setback and retention of the existing 9.5- foot -high driveway gate located within the 6 -foot side yard setback. Such findings and facts to support such findings are as follows: 1. Finding: The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: a. The property is significantly impacted by an 86 -foot front yard setback requirement, which is disproportionately larger than any other front yard setback in the community and equates to approximately 46 percent of the total lot area. Front yard setbacks within the project's community (Harbor View Hills Community Association) range from 6 feet to 86 feet, with no apparent consistency in their application with respect to lot size or lot orientation. The application of an 86 -foot front yard setback on this property disproportionately impacts this property, not only by limiting the percentage of the lot area that can be built on, but also resulting in a front yard area significantly greater than that of other properties. b. Given the subject property's large front yard setback and the 3 -foot height limitation for fences, walls and hedges within this setback, the property is significantly limited to the types of improvements that can be constructed, including a protective wall, fence or screen hedge. As a result, the property is afforded less privacy and subject to increased noise and headlight impacts from vehicles then the other properties similarly situated adjacent to Crown Drive or similar roadways. This is inconsistent with the purpose and intent of the Zoning Code. c. The applicant added a 10 -foot -high sculpture (Sculpture 1) for the stated purpose of enhancing the visual appearance of the large front yard area. The setback creates a physical hardship in locating these structures within the front yard due to the height limitation of 3 feet. This sculpture cannot be located behind the front yard setback since the house is located at the setback line due to the limited buildable area of the lot. This encroachment is minor in nature and similar to other accessory outdoor garden improvements, such as a patio umbrella, heater, or fountain. d. Given the location of the property in relationship to the intersection of Crown Drive and Crown Drive North, and in order to provide increased protection from vehicular impacts, the applicant contends that a larger driveway gate is required to increase visibility of the gate and alert on- coming vehicles to the turning roadway, and to help shield the property from vehicular headlights. The new 9.5- foot -high gate was constructed of reflective stainless steel and increased height to make the gate more visible to drivers at night. 2. Finding: The requested modification will be compatible with the existing development in the neighborhood. Facts in Support of Finding: a. Harbor View Hills Community Association reviews proposed developments within the community to ensure compatibility with the character of the neighborhood, and have submitted a letter stating they have no objection to the hedges so long as they do not impede Association views or traffic safety. b. The existing entry gate and pilaster have been in place for several years and maintain a 40 -foot setback to the front property line, more than what a majority of the other properties in the neighborhood are required to provide, and can be found compatible with the existing development. c. Front yard setbacks in the community range from 6 feet to 86 feet and comer lots similarly situated along Crown Drive are only required to maintain setbacks ranging from 13 feet to 20 feet d. The lots on the west side of Ebbtide Road, across the street from the applicant, are reversed frontage lots with the front yard setbacks on the view side and the 6 -foot rear yard setbacks fronting Ebbtide Road. This configuration permits screening of rear yards from the street with 6 -foot walls, fences, and hedges. e. Allowing Hedge 1 to maintain a height of 6 feet would be consistent with the development limitations of the other properties in the Harbor View Hills community with reduced or reversed setbacks. Allowing the Hedge 2 to maintain a maximum height of 8 feet is more in scale with the existing development in the Harbor View Hills community and still provides the property adequate privacy and protection from the noise and headlight impacts from vehicles traveling along Crown Drive. g. The sculpture is a minor architectural feature that results in negligible visual impacts, similar to other accessory outdoor improvements, such as patio umbrellas, heaters, and fountains. This improvement enhances the applicant's front yard landscaping and will not result in development that is out of character with the existing neighborhood. h. The front yard landscaping improvements can be found consistent with General Plan Land Use Policy LU 5.1.6 (Character and Quality of Residential Properties) which requires that residential front yard setbacks and other areas visible from the public street be attractively landscaped. The driveway gate is visually pleasing and provides an aesthetic benefit to the community. The wrought iron vehicular access gate constructed by the Jasmine Creek Community Association on the property immediately east of the subject lot is 7.5 feet high. The applicants as -built driveway gate is an average height of 7.75 feet (9.5 feet max) and can be found consistent character with the adjacent gate. 3. Finding: The granting of such an application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. Facts in Support of Finding: a. The encroachment of the hedges, entry gate, pilaster, and sculpture into the front yard setback and the encroachment of the 9.5- foot -high driveway gate into the side yard setback will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. b. The entry gate and pilaster have existed in that location since 1980 without proving to be detrimental. c. The sculpture is a minor architectural feature that does not impact views and should not negatively impact person's residing in the neighborhood. d. The driveway gate provides the applicant increased protection from vehicular impacts at the intersection and increases visibility and safety for on- coming vehicular traffic approaching the intersection. e. The hedges are several years old and have not proven detrimental to most surrounding property owners or contributed to vehicle site distance problems. f. The reduced hedge heights will not negatively impact private or public views. WHEREAS, the proposed project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA). The exemption includes the addition of accessory structures to an existing structure; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The City Council of the City of Newport Beach hereby approves Modification Permit No. 2007 -050 as modified, subject to the Conditions set forth in Exhibit "A." Section 2. The City Council of the City of Newport Beach hereby denies, without prejudice, the requested encroachment of the proposed 11- foot -high sculpture. Section 3. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 11th DAY OF DECEMBER 2007. Henn, Curry, Rosansky, Webb, AYES, COUNCIL MEMBERS Daigle, Gardner, mayor selich NOES, COUNCIL MEMBERS ABSEN" EXHIBIT "A" CONDITIONS OF APPROVAL MODIFICATION PERMIT NO. 2007-050 1. The development shall be in substantial conformance with the approved plot plan, floor plans and elevations, dated December 7, 2007, except as noted in the following conditions. 2. Anything not specifically approved by this Modification Permit is prohibited and must be addressed in a separate and subsequent Modification Permit review. 3. The existing 6- foot -high pilaster and 6- foot -9- inch -high entry gate encroaching 46 feet into the 86 -foot front yard setback may be retained or replaced, but shall not exceed their present height. 4. The existing hedge (Hedge 1) encroaching approximately 74 feet into the required 86 -foot front yard setback shall be trimmed within 30 days from the effective date of this action and regularly maintained to a maximum height of 6 feet, as measured from the immediately adjacent grade elevation of the interior front yard. 5. The placement of new trees (in accordance with the definition of the Municipal Code) located within the 86 -foot front yard setback shall be prohibited, with the exception of the two new trees identified in Condition No. 6, or unless reviewed and approved by the Planning Department prior to installation to ensure the trees would not impose on the view from the 2739 Windover Drive residence. 6. The existing bottlebrush tree located at the comer of the property adjacent to the intersection of Ebbtide Road and Crown Drive, within the front yard setback, may be removed and replaced with two new trees as illustrated on the approved plans. 7. The existing driveway access gate (approximately 9.5 feet in height measured from the adjacent sidewalk) may be retained in its present configuration and shall not exceed present height. Application and plans for building permit for the as- built installation shall be submitted within 30 days of the effective date of this approval and the applicant shall diligently pursue issuance of the building permit. 8. In order to provide adequate sight distance at the intersection of Ebbtide Road and Crown Drive, the height of existing plantings shall be reduced to 24 inches maximum within the sight distance triangle, per City Standard 110 -L, unless otherwise approved by the Public Works Department. This reduction in height of plantings within the sight distance triangle shall be subject to review and approval prior to issuance of building permits, unless otherwise approved by the Public Works Department. 9. The existing hedge (Hedge 2) along the northeasterly property line shall be trimmed within 30 days from the effective date of this action and regularly maintained to a maximum height of 8 feet, as measured from the immediately adjacent grade elevation of the interior front yard. 10. The approval of the existing 10- foot -high sculpture (Sculpture 1) shall be limited to the specific sculpture that currently exists; if any changes, replacement, or relocation of the sculpture takes place in the future, the approval of that sculpture to encroach into the front yard setback shall become null and void. 11. If any of the existing public improvements surrounding the site are damaged by private work, new concrete sidewalk, curb and gutter, street pavement, and other public improvements will be required by the City at the time of completion of private construction. Said determination and the extent of the repair work shall be made at the discretion of the Public Works inspector. 12. This approval was based on the particulars of the individual case and does not, in and of itself or in combination with other approvals in the vicinity or Citywide, constitute a precedent for future approvals or decisions. 13. Prior to issuance of building permits, the applicant shall submit to the Planning Department an additional copy of the approved architectural plans for inclusion in the Modification Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11- inches by 17- inches. The plans shall accurately depict the elements approved by this Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 14. All work performed within the public right -of -way shall be reviewed and approved by the Public Works Department under an encroachment permit/agreement, if required. 15. This approval shall expire if the required actions described in Condition Nos. 4, 7, and 9 are not completed by the respective deadlines. Prior to the expiration date of this approval, an extension may be approved in accordance with Section 20.93.055 (B) of the Newport Beach Municipal Code. Requests for an extension must be in writing. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2007 -83 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of December 2007, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Curry, Rosansky, Webb, Daigle, Gardner, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of December 2007. (Seal) (71f4/& . /)i- A4 z' City Clerk Newport Beach, California